WVC 17 C- 17 A- 5
§17C-17A-5. Operation of coal trucks under special permits;
weight limitations; payment of permit fees.
(a) Any vehicle, when transporting coal over certain public
highways, designated as coal resource transportation roads by the
commissioner of the department of highways, may be operated at the
weights as set forth in this section in excess of the maximum gross
weight prescribed in section nine, article seventeen of this
chapter and any other maximum weight limitations on any public
highway by paying the corresponding special permit fee and
otherwise complying with the provisions of this article.

(b) Special permits shall be issued subject to the following
requirements:

(1) A single unit truck having one steering axle and two axles
in tandem shall be limited to a maximum gross weight of eighty
thousand pounds with a tolerance of five percent and pay a special
permit fee annually of one hundred dollars;

(2) A single unit truck having one steering axle and three
axles in tridem arrangement shall be limited to a maximum gross
weight of ninety thousand pounds with a tolerance of five percent
and pay a special permit fee annually of one hundred sixty dollars;

(3) A tractor-semitrailer combination with five axles shall be
limited to a maximum gross weight of one hundred ten thousand
pounds with a tolerance of five percent and pay a special permit
fee annually of three hundred dollars;

(4) A tractor-semitrailer combination with six or more axles shall be limited to a maximum gross weight of one hundred twenty
thousand pounds with a tolerance of five percent and pay a special
permit fee annually of five hundred dollars.

(c) The axle loads set forth in subsection (b) of this section
may in no event exceed the maximum axle load allowable based upon
the minimum axle spacings as determined by the division of highways
in accordance with generally accepted industry standards and bridge
loading analysis.

(d) In order to qualify for issuance of a special permit, the
applicant shall provide information that demonstrates that the
vehicle, as configured, has a total combined axle rating capacity
equal to or greater than the maximum amount of weight for which a
special permit is sought. The information may include, but not be
limited to, the manufacturer's rated capacity. In the event that
manufacturer's rated capacity is not available, any other
information reasonably determined by the secretary of the
department of transportation to give evidence of adequate combined
axle rating capacity may be submitted.

(e) Special permits authorized by this section shall be issued
by the commission on forms prescribed and furnished by it. The
special permit indicium shall be permanently affixed immediately
below the window glass on the top of the door on the driver's side
of the vehicle. Lost, destroyed, stolen or otherwise unusable
special permits indicia shall be replaced in accordance with
legislative rules to be promulgated by the commission. The special permit indicium shall be issued to a particular vehicle and shall
remain with the vehicle upon transfer of possession or ownership of
the vehicle.

(f) Special permits issued pursuant to the provisions of this
article are valid for a period of one year from the date of
purchase: Provided, That no renewal permits shall be issued to any
permittee who, at the time of the renewal, has any administrative
or criminal actions pending relating to the operation of commercial
motor vehicles in this or other states.

(g) For purposes of this section, the dimensional requirements
of motor vehicles shall conform to all applicable federal laws and
regulations. Nothing in this section may be construed or
administered to jeopardize the receipt of federal funds for highway
purposes.

(h) Any operator of a vehicle with a special permit issued
under the provisions of this article shall submit the vehicle or
combination of vehicles to weighing with portable or stationary
weighing devices as required by section ten, article seventeen of
this chapter. Any driver or owner of a vehicle or combination of
vehicles operating under the provisions of this section who fails
or refuses to comply with any requirement of section ten, article
seventeen of this chapter forfeits all privileges granted by the
special permits.

(i) Any vehicle or combination of vehicles transporting coal
pursuant to the provisions of this article shall be securely covered to prevent the escape of the load on any trip exceeding a
total distance of one mile on any public highway.

(j) As a condition of receipt of a special permit, vehicle
owners and operators shall submit permitted vehicles to safety
checks and other vehicle inspection requirements as required by
legislative rules of the commission. The commission may impose
additional vehicle operation and maintenance requirements by rule
as the commission deems appropriate to assure the safe operation of
vehicles issued a special permit.

(k) The commission shall propose rules in accordance with the
provisions of article three, chapter twenty-nine-a of this code
regarding the implementation of the requirements of this section.
The rules shall be initially promulgated as emergency rules
pursuant to the provisions of said article by no later than the
first day of October, two thousand three.

(l) The payment of the special permit fee is in addition to
any state registration fee, user fee or other decal fee.

(m) All revenues generated pursuant to this section shall be
credited to a special account within the road fund which is created
and shall be designated as the "coal resource transportation road
fund". Moneys of the fund shall be used by the division of
highways for construction, maintenance and repair of public
highways and bridges over which substantial quantities of coal are
transported.

(n) For periods of less than one year, the permit fee imposed by subsection (b) of this section shall be prorated to the nearest
month.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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